AG00421_.GIF (17820 bytes)Jimmy is a ski bum.  As a New Year's Resolution, Jimmy promised his wife that he would quit using drugs. A week later, after a long day on the slopes, Jimmy told his wife, Fruit-Blossom, that he was going to use the restroom.  She asked why he was going. (See picture above.) After a few minutes, Fruit-Blossom went to look for Jimmy and found him passed out in the restroom with white powder under his nose.  If Fruit Blossom testifies about Jimmy's statement, is it hearsay? 

Yes   No